CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT UPDATE
Tuesday, January 13, 2009

They get what we pay for, endlessly



As the state looks to slash local aid, state lawmakers are set to receive a 5.5 percent pay hike that will boost their pay by more than $3,000 a year.

Under a state law approved by voters in 1998, lawmakers’ pay rises or falls every two years in sync with the state’s median household income.

Associated Press
Thursday, January 8, 2009
Lawmakers in line for pay hike amid chao$


The 5.5 percent pay hike will boost elected officials' base pay from $58,237 to $61,440 - an increase of just more than $3,200 a year. Many lawmakers make more than the base pay with some heads of committees making an additional $7,500 or $15,000....

Critics said few workers in Massachusetts have guaranteed pay hikes written into law.

But they also said that the voters who approved the ballot question in 1998 and may be upset with the pay hikes now, have no one to blame but themselves.

"Voters did a very, very foolish thing and they are going to have to pay for it literally," said Barbara Anderson of the anti-tax group Citizens for Limited Taxation. "When they are worrying about where their next paycheck is coming from, their lawmakers are going to be enjoying a pay raise."

The Lynn Daily Item
Thursday, January 8, 2009
Locals: Legislators sending wrong message
if they accept pay increases


A 2007 law further tied the salaries of the governor and the other five constitutional officers to the legislative salaries making Gov. Deval L. Patrick and Lt. Gov. Tim Murray eligible for the raise. Both Patrick, who earns $140,535, and Murray plan to reject the pay increase, according to spokeswoman Cyndi Roy.

The overall cost to the state if all 200 legislators accepted the raise would total $640,600.

The Berkshire Eagle
Friday, January 9, 2009
Lawmakers wary of automatic raise


Back in 1998, voters authorized automatic pay increases for legislators based on increases in the state's median household income for the preceding two-year period. The measure was approved by better than 60 percent of the voters statewide (58.79 percent in Essex County), and thus freed lawmakers from the messy task of having to vote on their own pay raises.

Of course, the summary of the proposal was somewhat deceptive, starting off with: "This proposed constitutional amendment would prohibit the state Legislature from changing the base compensation received by members of the Legislature ..." before noting that such compensation would "be increased or decreased at the same rate as increases or decreases in the median household income ..."

(Interestingly, while embracing the automatic pay raise, legislators had no problem ignoring the voters' will on the Clean Elections Law, which passed by a similar margin that same year.)

There's no way those on Beacon Hill would have voted themselves a 5.5 percent raise this year.

Thanks to us, they didn't have to.

A Salem News editorial
Saturday, January 10, 2008
Be careful what you vote for


Jon Keller @ Large
Stooges of the Week
State Legislators and Voters


It might have seemed the height of audacity when J. James Marzilli Jr., charged with attempting to grope a woman, asked the state to nearly double his pension, just 11 days after he resigned from the state Senate in disgrace.

In fact, he was following a well-trod Beacon Hill tradition of cashing in on a law that allows veteran state legislators who retire or fail to win reelection to receive staggering pension increases worth thousands of dollars a year.

A Globe review shows that 14 former legislators are currently drawing significantly increased pensions under the law, including several who left amid their own ethical and criminal troubles.

The law, originally created to compensate civil servants who lost jobs when new administrations took over, was expanded by the Legislature 59 years ago to provide the same benefits to lawmakers - even though their employment depends on voters, not the political whims that can threaten civil servants. Now, as the state faces a deep financial crisis and is taking painful steps including layoffs, the generous benefit for departing legislators is sparking outrage.

"It's ridiculous," said L. Scott Harshbarger, the former attorney general of Massachusetts and onetime president of Common Cause, a government watchdog group. "How in the world is it appropriate, necessary, or consistent with any reasonable public policy that if you chose not to run for office or are defeated in running for office that you get an enhanced pension? It just seems to me totally unreasonable, and for elected officials this does not enhance their image."...

Indeed, efforts to repeal special pension benefits have been traditionally met with fierce resistance on Beacon Hill, said state Representative Harriett L. Stanley, a West Newbury Democrat and longtime critic of such benefits.

"We're talking about the third rail here," she said. "It's going to be absolutely impossible to make meaningful reform unless we acknowledge the problem, and that will be one tough battle."The law, as it was amended in 1950, allows any elected official under age 55 "who has completed twenty or more years of creditable service and who fails of nomination or reelection" to apply for a pension increase.

Using a formula based on the lawmaker's age, years of service, and annuity, the law can boost a pension by as much 400 percent. Pension officials say the requests are almost always granted unless the lawmaker was convicted of a crime. No wonder, some say, that lawmakers created the statute.

"If you're going to stick a little juicy one in there for yourself, why not put one in there if you can't get reelected?" said Nicholas Poser, a Boston pension lawyer. "The 'failed of nomination' stuff is, to my mind, clearly directed at failed politicians." ...

The Boston Globe
Sunday, January 11, 2008
Pay as they go
Law that lets retired lawmakers
boost their pensions sparks outrage


Turns out more than a dozen of these clowns are putting the arm on taxpayers, taking advantage of a legal form of larceny in which legislators are allowed to quadruple their pensions if they get voted out of office, or bail out because a grand jury is sniffing around.

Is this a great state, or what? ...

And who can blame them? They are being paid full-time wages for part-time work, and they give themselves raises and pension boosts and no one says boo. They work for suckers.

Us.

The Boston Globe
Monday, January 12, 2008
State House swindlers
By Kevin Cullen


Ah, but there is not a single word in that pay raise law approved by voters back in 1998 that says lawmakers are required to accept an increase.

So we have four words for the 200 newly sworn members of the House and Senate:

“Thanks, but no thanks!”

A Boston Herald editorial
Monday, January 12, 2008
It’s a no-brainer


Taxpayers are on the hook for $1.6 million to pay for a two-decade-old state Treasury goof that let Beacon Hill lawmakers avoid a 2.9 percent Medicare deduction from their paychecks, according to documents obtained by the Herald....

The state must pay $1.6 million for both its own and the 208 employees’ contributions from 2005 to 2008 as part of a deal worked out with the IRS, according to the document.

The Boston Herald
Saturday, January 10, 2009
Withholding snafu pins bill on State


Days after lawmakers got a controversial 5.5 percent pay hike, a governor’s councilor blasted them for keeping a “back pocket” raise thanks to a decades-old state treasury slipup.

The state treasurer’s office failed to withhold 2.9 percent in Medicare tax from lawmakers’ paychecks since 1986, officials recently discovered. Taxpayers now have to cough up $1.6 million to rectify the goof.

“This is basically another raise they’ve been taking for the last 20 years,” said Governor’s Councilor Mary-Ellen Manning, who said she’d pay back her portion of the mistake, or about $1,450.

“They’re all standing up and saying they’re not going to take it, but here they’ve had this in their back pocket,” Manning said....

Under a deal hammered out with the IRS, taxpayers will pay $1.6 million for the missing deductions from 2005 to 2008. Manning said the missed deductions amount to extra cash in lawmaker’s pockets in the end - and taxpayers wind up footing the bill.

The Boston Herald
Tuesday, January 13, 2009
Local pols who keep $1.6M tax ‘raise’ blasted


'It's ridiculous," says L. Scott Harshbarger, the former attorney general of Massachusetts and onetime president of Common Cause. "How in the world is it appropriate, necessary, or consistent with any reasonable public policy that if you chose not to run for office or are defeated in running for office that you get an enhanced pension?"

Indeed, the Massachusetts law that allows legislators to increase their pension if they lose an election - and to begin collecting on it on the day they leave office - isn't just inappropriate. It's enraging. And it should be repealed.

A Boston Globe editorial
Tuesday, January 13, 2009
Pension sweeteners turn sour


Chip Ford's CLT Commentary

"You get what you pay for," is a common axiom.  In the People's Republic of Taxachusetts our motto should be "They get what we pay for, endlessly," By They of course I refer to our elected "public servants" in the state Legislature.  Rather than Them working for the people who elected them as in most states, here we the people work for Them.  And we're working harder and harder to pay taxes and the increases They're proposing.

When the economy tanks like it has, we and our neighbors cut back to survive, but They continue to prosper and then some.  They are the only human beings in the history of the world to get automatic constitutionally-mandated pay raises, but that is still not enough.  They are one of the highest paid state legislatures in the nation.  Nope, still not enough.  Unlike us, They collect an additional per diem pay just for traveling back to forth to jobs They lust for?  Still not enough.  An additional $600 per month for office expenses?  Still not enough.  A major federal income tax exemption if They live beyond 50 miles from the State House?  Still not enough.  "Campaign" funds to finance Their cars and buy Their gas?  Sorry, still not enough -- They keep grabbing for more, always more.  But More Is Never Enough (MINE).  Not as long as we still have something in our pockets They can take, and put in Theirs.

Turn down the automatic pay raise?  Your joking, right?  Some have pledged to "give it to charity," like it's coming out of their pockets not ours.  Giving it to charity is tax deductible.  It's a good ploy come reelection time.  And it still pads Their base pay for future pension benefits.

Now we learn that despite all of those entitlements, They can collect double those pensions if They retire due to poor health -- the voters got sick of them and elected somebody else.  And They can start collecting that doubled pension immediately after being rejected by their constituents, tossed out of office.

Repeal this theft?  Not in Massachusetts.

As if that isn't bad enough, we also just learned that, unlike us mere serfs who labor in Their fields, They haven't been paying Their federal Medicare tax for years.  If you or I failed to comply, the IRS would come after us with a posse.  Before we knew what hit us our wages would be garnished, there'd be a lien on our bank accounts, and penalties along with interest would start piling up.  Not Them, no sirree.  They cut a deal with the IRS, just added it onto the tab we sucker taxpayers will now pay, reimbursement for Them.

Pay back the tax arrears like commoners in the same circumstance would need to do?  Who, Them?

Will enough voters ever wake up and end this ridiculous, embarrassing gravy train?  I'm tired of getting the government that witless majority deserves.  This bizarre form of government for which we exist -- of, by, and for the politicians -- has got to end.  If citizens wait for Them to "reform" this dysfunctional Massachusetts political culture they'd better not be holding their collective breath.  The Best Legislature Money Can Buy will never, ever "reform" a thing that benefits Them, or diminishes the "divine rights" to which They've become accustomed.  It's simply not going to happen.  They don't need to.  Not so long as they feel invulnerable to threats, immune from election defeat, unaccountable to their constituents.

They're sitting fat and sassy still.

Chip Ford


Associated Press
Thursday, January 8, 2009

Lawmakers in line for pay hike amid chao$

As the state looks to slash local aid, state lawmakers are set to receive a 5.5 percent pay hike that will boost their pay by more than $3,000 a year.

Under a state law approved by voters in 1998, lawmakers’ pay rises or falls every two years in sync with the state’s median household income.

The law requires the governor to determine the change to the household income at the start of each two-year legislative session.

The increase would lift lawmakers’ base pay from $58,237 to $61,440. Many lawmakers make more than the base pay with some heads of committees making an additional $7,500 or $15,000.

Patrick sent a letter to state Treasurer Timothy Cahill late yesterday saying he’d determined the increase to be 5.5 percent.

Cyndi Roy, a spokeswoman for the Executive Office of Administration and Finance, said that in the past some lawmakers have gone without the raise or donated it to charity.

She said legislators received pay raises of 8 percent in 2001, 6.5 percent in 2003, 4.1 percent in 2005, and 4.8 percent in 2007.

The timing is politically awkward as the state grapples with tumbling revenues and lawmakers face the prospect of slashing spending.

Yesterday, Patrick asked lawmakers for expanded budget-cutting powers after projecting just last week that the state’s revenues for the current fiscal year that ends June 30 will fall by another $1 billion. One of the biggest items on the chopping block is local aid to cities and town.


The Lynn Daily Item
Thursday, January 8, 2009

Locals: Legislators sending wrong message
if they accept pay increases
By Thor Jourgensen


State legislators are sending the wrong message by taking a pay raise at a time when others are feeling the financial squeeze, said Mike Buksa, a financial service worker who has seen seven friends laid off from their jobs in the last month.

The 5.5 percent pay hike will boost elected officials' base pay from $58,237 to $61,440 - an increase of just more than $3,200 a year. Many lawmakers make more than the base pay with some heads of committees making an additional $7,500 or $15,000.

State Rep. Joyce Spiliotis agreed with Buksa but not enough to forgo what she estimated amounts to a $2,800 raise. Instead, the Peabody legislator is donating the money to several charities, including Haven for Hunger. She also said she will spend the money on savings bonds for distribution this spring to high school graduates.

State Rep. Lori Ehrlich, D-Marblehead, plans to do the same with her raise, stating she wants to "put it to work" in her district where the money can help feed, educate and care for constituents who need help.

Other Lynn area legislators including state Sen. Thomas M. McGee and Reps. Robert Fennell, Steven Walsh, Mark Falzone, Kathi Anne Reinstein and Robert DeLeo could not be reached for comment on the raise.

Under a state law approved by voters in 1998, lawmakers' pay rises or falls every two years in sync with the state's median household income.

The law requires the governor to determine the change to the household income at the start of each two-year legislative session.

Kandice Wampler works for the state and received a pay raise in July tied to the anniversary date of her employment. She is concerned that layoffs, not pay hikes, could be the fate awaiting many of her colleagues this year.

On Wednesday, Gov. Deval Patrick asked lawmakers for expanded budget-cutting powers after projecting just last week that the state's revenues for the current fiscal year which ends June 30 will fall by another $1 billion. One of the biggest items on the chopping block is local aid to cities and town.

House Speaker Salvatore DiMasi and Senate President Therese Murray, both elected to new terms as heads of the legislative chambers, also warned Wednesday about dire fiscal times ahead. Demetrio Carrion thinks raises make sense in tough economic times because they give people the added spending power needed to stimulate the economy.

The ballot question setting the stage for legislative raises was intended to take the politics out of legislative pay raises by tying them to the fate of household income - and taking the decision out of the hands of lawmakers themselves.

David Falcone, a spokesman for Murray, said there's no guarantee lawmakers' salaries will always go up at the start of each session.

"If the median household income had decreased, there could in fact have been a pay cut instead of a raise," Falcone said, adding that the decision whether to accept the pay hike is up to each member.

Critics said few workers in Massachusetts have guaranteed pay hikes written into law.

But they also said that the voters who approved the ballot question in 1998 and may be upset with the pay hikes now, have no one to blame but themselves.

"Voters did a very, very foolish thing and they are going to have to pay for it literally," said Barbara Anderson of the anti-tax group Citizens for Limited Taxation. "When they are worrying about where their next paycheck is coming from, their lawmakers are going to be enjoying a pay raise."

Associated Press material was used in this report.


The Berkshire Eagle
Friday, January 9, 2009

Lawmakers wary of automatic raise
By Matt Murphy, Eagle Boston Bureau


State lawmakers have been put on the spot just one day after being sworn into the Legislature, forced to decide whether to accept an automatic 5.5 percent pay raise as workers across the state are losing their jobs and seeing their own salaries frozen.

The constitutionally mandated salary hike would increase the base pay for state representatives and senators from $58,237 per year to $61,440, an increase of $3,203. Many also receive stipends of $7,500 or $15,000 for holding leadership positions in both branches or serving as committee chairmen.

Legislators from the Berkshires were divided yesterday on how they planned to address the issue of the raise with one saying he would reject it, others unsure if they should keep it, reject it or donate it to charity as many of their colleagues were considering.

A 2007 law further tied the salaries of the governor and the other five constitutional officers to the legislative salaries making Gov. Deval L. Patrick and Lt. Gov. Tim Murray eligible for the raise. Both Patrick, who earns $140,535, and Murray plan to reject the pay increase, according to spokeswoman Cyndi Roy.

The overall cost to the state if all 200 legislators accepted the raise would total $640,600.

"I'm not going to accept it," said Sen. Benjamin Downing, D-Pittsfield. "The economic climate, both in my district and in the commonwealth, is tough with many workers getting laid off. I just don't think it's right to accept a raise at this point."

Rep. Daniel E. Bosley, D-North Adams, said he was still undecided. In the past the veteran Democrat has come down on both sides of the issue, rejecting the raise some years and accepting it in others. He turned down a 4.8 percent pay increase in 2007.

"I just don't know yet," he said Thursday. "It's a hard decision for any one of us to make. We have responsibilities to our consituents and we have responsibilties to our families."

While acknowledging that the issue of the raise is politically sensitive, Bosley pointed out that Massachusetts lawmakers are paid less than many other full-time Legislatures, including in the neighboring state of New York.

He said the decision was symbolic in many respects, but not a budget-buster for the state. Reps. Christopher N. Speranzo, D-Pittsfield, and Denis E. Guyer, D-Dalton, did not respond for comment.

Voters approved an amendment in 1998 that attempted to take the politics out of Legislative pay raises by tying any increase to the median household income. Every two years, Legislative salaries are now automatically adjusted up or down based on what happened to that statewide median income over the previous two years.

In January 2007, legislators received a 4.8 percent increase. Two years before that, the bump was 4.1 percent.

"Voters did a very, very foolish thing and they are going to have to pay for it, literally," said Barbara Anderson of the anti-tax group Citizens for Limited Taxation.

Rep. William "Smitty" Pignatelli, D-Lenox, said he was still weighing his options. He rejected a raise his first year in the House during the financial crisis in 2003, but has since accepted the salary increases.

But as Patrick and the Legislature prepare to make even deeper cuts in the state budget this month to deal with a worsening economy, many lawmakers were questioning whether it would be prudent to accept the raise.

Some said it would be better to give the money to local charities rather than put it back in the general fund where a lawmakers can't be sure it will be spent to benefit their district.

"I've decided to give it to charity because I think charitable organization are hurting as much as anyone and I'd like to help them," said Rep. Jennifer Benson, D-Lunenburg.

Rep. Cory Atkins, D-Concord, plans to donate the raise to organizations or funds set up by the communities she represents that will benefit her constituents.

"I want to be as generous as I can with my community organizations," he said.


The Salem News
Saturday, January 10, 2008

A Salem News editorial
Be careful what you vote for


Massachusetts legislators are due for a 5.5 percent pay increase at a time when many of their constituents have suffered cuts in income and benefits — if they're lucky enough to have a job at all.

The timing couldn't be worse. News of the latest pay raise came as the state announced the number of unemployed had doubled from the same time last year and the Patrick administration confirmed that the Department of Mental Health would have to lay off about a quarter of its case workers due to budget cuts.

Some have said they will refuse the raise or donate the extra $3,203 they are due to receive to charity.

"Now is not the time to keep this raise," House Minority Leader Bradley Jones, R-North Reading, said in a statement. "We are facing the worst economy we've seen in decades and I would not be comfortable at this time putting that money in my pocket, while so many people are struggling to make ends meet."

But House Speaker Salvator DiMasi says he has no problem accepting it, noting that it's what the people wanted. And he's right.

Back in 1998, voters authorized automatic pay increases for legislators based on increases in the state's median household income for the preceding two-year period. The measure was approved by better than 60 percent of the voters statewide (58.79 percent in Essex County), and thus freed lawmakers from the messy task of having to vote on their own pay raises.

Of course, the summary of the proposal was somewhat deceptive, starting off with: "This proposed constitutional amendment would prohibit the state Legislature from changing the base compensation received by members of the Legislature ..." before noting that such compensation would "be increased or decreased at the same rate as increases or decreases in the median household income ..."

(Interestingly, while embracing the automatic pay raise, legislators had no problem ignoring the voters' will on the Clean Elections Law, which passed by a similar margin that same year.)

There's no way those on Beacon Hill would have voted themselves a 5.5 percent raise this year.

Thanks to us, they didn't have to.


The Boston Globe
Sunday, January 11, 2008

Pay as they go
Law that lets retired lawmakers
boost their pensions sparks outrage
By Michael Levenson


It might have seemed the height of audacity when J. James Marzilli Jr., charged with attempting to grope a woman, asked the state to nearly double his pension, just 11 days after he resigned from the state Senate in disgrace.

In fact, he was following a well-trod Beacon Hill tradition of cashing in on a law that allows veteran state legislators who retire or fail to win reelection to receive staggering pension increases worth thousands of dollars a year.

A Globe review shows that 14 former legislators are currently drawing significantly increased pensions under the law, including several who left amid their own ethical and criminal troubles.

The law, originally created to compensate civil servants who lost jobs when new administrations took over, was expanded by the Legislature 59 years ago to provide the same benefits to lawmakers - even though their employment depends on voters, not the political whims that can threaten civil servants. Now, as the state faces a deep financial crisis and is taking painful steps including layoffs, the generous benefit for departing legislators is sparking outrage.

"It's ridiculous," said L. Scott Harshbarger, the former attorney general of Massachusetts and onetime president of Common Cause, a government watchdog group. "How in the world is it appropriate, necessary, or consistent with any reasonable public policy that if you chose not to run for office or are defeated in running for office that you get an enhanced pension? It just seems to me totally unreasonable, and for elected officials this does not enhance their image."

Legislators, however, have shown little interest in scaling back what one pension official called a "special quirk" in the system.

Vincent J. Piro, a former state representative from Somerville who lost his seat after he was charged with taking a $5,000 bribe, used the law to boost his pension from about $6,750 - not including annual cost-of-living adjustments - to $18,872.

Richard Voke, a former House majority leader from Chelsea who retired in 1998 after losing a bitter fight for the speakership to Thomas M. Finneran in 1996, upped his pension from about $14,779 to $28,193.

Francis G. Mara, a former state representative from Brockton who retired in 1996 after he was fined for taking gifts from insurance lobbyists, increased his pension from about $3,783 to $18,921.

"It's not doing anything wrong," said Mara, 58, who is now a State House lobbyist for Arbella Insurance and Techlink Entertainment, a company that makes technology for video lottery terminals, slot machines, and other gambling systems. He said that when he was retiring, another senator told him about the law and suggested he take advantage of it.

"That was a legal mechanism," he said.

Some may question the practice, he said, but "you can have these debates over many things in society."

Indeed, efforts to repeal special pension benefits have been traditionally met with fierce resistance on Beacon Hill, said state Representative Harriett L. Stanley, a West Newbury Democrat and longtime critic of such benefits.

"We're talking about the third rail here," she said. "It's going to be absolutely impossible to make meaningful reform unless we acknowledge the problem, and that will be one tough battle."

The law, as it was amended in 1950, allows any elected official under age 55 "who has completed twenty or more years of creditable service and who fails of nomination or reelection" to apply for a pension increase.

Using a formula based on the lawmaker's age, years of service, and annuity, the law can boost a pension by as much 400 percent. Pension officials say the requests are almost always granted unless the lawmaker was convicted of a crime. No wonder, some say, that lawmakers created the statute.

"If you're going to stick a little juicy one in there for yourself, why not put one in there if you can't get reelected?" said Nicholas Poser, a Boston pension lawyer. "The 'failed of nomination' stuff is, to my mind, clearly directed at failed politicians."

Over the years, Democrats and Republicans have taken advantage of the perk.

"They're going to say, 'Well, the statute provides me access to this benefit, and why would I not take it?"' said Joseph E. Connarton, executive director of the state Public Employee Retirement Administration Commission.

Alfred E. Saggese Jr., a Winthrop Democrat, got his pension boosted to $18,872, after retiring from the House in 1991, a year after he missed more roll call votes than any other member, except for one who was in poor health.

Piro - who was charged in 1984 with taking a $5,000 bribe, saying he had to "grease a few guys," for a liquor license - was eventually acquitted, and has received an increased pension since 1991.

Recent recipients include Christopher J. Hodgkins, a former Democratic representative from Lee, who retired in 2003 and upped his pension from about $4,889 to $22,253, and John Businger, a former Democratic representative from Brookline who was ousted from office in 1998 and increased his pension from about $15,083 to $23,301.

Marzilli's request, to bump his pension from $14,000 to $27,000, is pending before the State Retirement Board, which says it will not rule on the increase until his criminal case is resolved.

Faced with the prospect of deep budget cuts, some say the appetite for change is growing on Beacon Hill.

The Legislature recently created a 15-member commission to look at ways to overhaul the pension system.

It was supposed to meet in September, but its members have yet to be appointed. Still, if the panel forms, and lawmakers look for changes, some say the perk for departing legislators could be targeted.

"These kinds of things become symbols that reinforce people's cynicism," Harshbarger said.


The Boston Globe
Monday, January 12, 2008

State House swindlers
By Kevin Cullen, Globe Columnist


This is a truly marvelous, glorious state, where we can find millions for useless, utterly useless "full-time legislators" and no money for the most vulnerable kids among us.

If you read Michael Levenson's terrific story in yesterday's Globe, you would have learned, as you choked on your cornflakes, that Senator Busy Hands Marzilli is hardly alone when it comes to violating innocent people.

Turns out more than a dozen of these clowns are putting the arm on taxpayers, taking advantage of a legal form of larceny in which legislators are allowed to quadruple their pensions if they get voted out of office, or bail out because a grand jury is sniffing around.

Is this a great state, or what?

There was a photograph accompanying the story, showing a bunch of state reps applauding the 2002 farewell speech to the House by Chris Hodgkins, the representative from Lee, who was the envy of his colleagues because of his New York-border per diems. All the reps were smiling and clapping and laughing like hyenas.

And who can blame them? They are being paid full-time wages for part-time work, and they give themselves raises and pension boosts and no one says boo. They work for suckers.

Us.

Even by the ludicrously low standards of the Great and General Court of Massachusetts, this scam is egregious. These are the same "career" legislators who, when not working at their own law practices, won't let poorly-paid state prosecutors perform a closing or any kind of outside legal work. Our legislators have deemed that a potential conflict of interest for prosecutors, who earn less than toll collectors. I'm sure the stance on the outside work of prosecutors has nothing to do with the fact that so many legislators work as defense lawyers and have a vested interest in keeping prosecutors overworked and underpaid.

It was quite heartwarming to learn that Vinnie Piro, the former state rep from Somerville who was acquitted despite taking five large from an informant to grease a liquor license, was rewarded for behavior that usually lands you in the can: He was able to triple his pension.

It would be nice if some of these frauds could meet Gary McManus in the corridor of Lynn District Court this week and explain why they deserve to be rewarded for political failure or personal malfeasance when he has been told he can't help poor kids anymore.

There has been no attention paid to this, because it involves poor people, but eight weeks ago, a group of lawyers who work as advocates for troubled kids was informed that the state was cutting the service and judges can't appoint them anymore.

McManus is part of a small group of lawyers who for the last decade worked in the juvenile courts as guardian ad litem educational advocates for kids from dysfunctional homes who get in trouble.

These lawyers were paid the princely sum of 50 bucks an hour, or about half of what a plumber gets to show up at your door. The lawyers who do this work are doing God's work, and they could earn more money doing any other sort of legal work. They don't do it for the money. They do it because sometimes they save kids from going to jail or having a lousy life or killing themselves.

Cutting these court appointments will save the commonwealth about $4 million, which is less than the gang of 14 profiled in yesterday's Globe will end up taking in retirement.

Gary McManus shakes his head when considering what we deem important in this commonwealth.

"A very wise judge, Bonnie MacLeod, told me 17 years ago that if we can get these kids into appropriate settings, maybe they won't cost us $40,000 a year to house them at the prison in Concord," Gary McManus was saying. "The trial court has to save money. We understand that. But this is shortsighted. It will cost us more money in the long run."

What else is new?


The Boston Herald
Monday, January 12, 2008

A Boston Herald editorial
It’s a no-brainer


The law is the law, and like it or not state lawmakers are due for their biennial pay increase. The Patrick administration has pegged the raise at 5.5 percent - or $3,203 - taking the base salary for reps and senators up to $61,440.

Ah, but there is not a single word in that pay raise law approved by voters back in 1998 that says lawmakers are required to accept an increase.

So we have four words for the 200 newly sworn members of the House and Senate:

“Thanks, but no thanks!”

Some lawmakers, to their credit, have already made that statement. Others say they plan to take the raise and donate it to charity (thus getting a tax deduction and a bump in any future pension).

Others, including House Speaker Sal DiMasi, plan to accept the raise. DiMasi argues, in part, that lawmakers will be in for a pay cut in the 2011-2012 session (cue the laugh track here).

Of course we have been down this road before. There was enormous pressure on lawmakers to reject the pay raise during the last fiscal crisis in 2003, since revenues were sluggish and state agencies were undergoing deep cuts.

But that was also the era of high real estate values and easy access to credit. The average taxpayer wasn’t experiencing nearly the same pain they are today. And recovery seems a long way off.

So if there were ever a time when lawmakers should consider being frugal with the taxpayers’ money, now is that time.


The Boston Herald
Saturday, January 10, 2009

Withholding snafu pins bill on State
By Hillary Chabot


Taxpayers are on the hook for $1.6 million to pay for a two-decade-old state Treasury goof that let Beacon Hill lawmakers avoid a 2.9 percent Medicare deduction from their paychecks, according to documents obtained by the Herald.

Comptrollers working under state Treasurer Tim Cahill noticed the mistake, which allowed lawmakers to take home additional cash, in 2006. The news comes shortly after Gov. Deval Patrick approved a 5.5-percent legislative pay hike.

“It’s obviously bad timing, but I don’t think anyone was trying to game the system,” said Sen. Richard Tisei (R-Wakfield). “Obviously a mistake was made 20 years ago and no one knew about it.”

The treasurer’s office, which handled the paychecks of all 200 legislators and eight governor’s councilors, failed to withhold the cash when a law changed forcing state employees hired after 1986 to pay federal Medicare tax.

“The Treasury has enjoyed a good working relationship with the IRS in dealing with this matter and we look forward to resolving it,” said Cahill spokeswoman Francy Ronayne. She declined to comment further because the terms are not final.

Officials caught the mistake when payroll duties for the 208 employees moved from the treasurer’s office to the comptroller’s in 2006. Other state employees have had their Medicare tax withheld since the change in 1986.

The state must pay $1.6 million for both its own and the 208 employees’ contributions from 2005 to 2008 as part of a deal worked out with the IRS, according to the document.

The deal struck means taxpayers won’t have to pony up for the 18 years of payments missed from 1986 to 2004.

Sen. Michael Morrissey (D-Quincy) said lawmakers shouldn’t be on the hook for the missed payments because the treasurer’s office made the mistake.

Most lawmakers elected before 1986 are exempt from the deductions, and those elected after 1986 would have no way of realizing anything was wrong because the state never withheld the money in the first place, Morrissey said.

“It would be one thing if (the deduction) was there and disappeared, but it just never showed up,” said Morrissey. “If the employer made the mistake, then the employer should bear the burden of the loss. That should be true in the public or private sector.”

Lawmakers and governor’s councilors began seeing the 2.9 percent withheld in their first checks in 2009, according to the document. They will also have to pay taxes on their portion of the $1.6 million because the missed deductions count as wages.


The Boston Herald
Tuesday, January 13, 2009

Local pols who keep $1.6M tax ‘raise’ blasted
By Hillary Chabot


Days after lawmakers got a controversial 5.5 percent pay hike, a governor’s councilor blasted them for keeping a “back pocket” raise thanks to a decades-old state treasury slipup.

The state treasurer’s office failed to withhold 2.9 percent in Medicare tax from lawmakers’ paychecks since 1986, officials recently discovered. Taxpayers now have to cough up $1.6 million to rectify the goof.

“This is basically another raise they’ve been taking for the last 20 years,” said Governor’s Councilor Mary-Ellen Manning, who said she’d pay back her portion of the mistake, or about $1,450.

“They’re all standing up and saying they’re not going to take it, but here they’ve had this in their back pocket,” Manning said.

Rep. Vinny deMacedo (R-Plymouth), who is giving his raise to charity, said he won’t pay back the Medicare withholdings because he was in the dark about the mistake.

“I don’t want to take anything that’s not mine. Anything I rightfully owe I’ll pay, but I had no idea what they state was doing,” deMacedo said.

State officials caught the mistake when the payroll duties for the 208 lawmakers and governors’ councilors were shifted from the treasurer’s office to the comptroller in 2006. Lawmakers were supposed to put 2.9 percent of their paycheck toward Medicare starting in 1986, but the treasurer’s office hadn’t made the deductions.

Under a deal hammered out with the IRS, taxpayers will pay $1.6 million for the missing deductions from 2005 to 2008. Manning said the missed deductions amount to extra cash in lawmaker’s pockets in the end - and taxpayers wind up footing the bill.

Most lawmakers elected before 1986 were grandfathered as exempt from the withholdings, and those elected after that year didn’t know they were supposed to contribute.


The Boston Globe
Tuesday, January 13, 2009

A Boston Globe editorial
Pension sweeteners turn sour


'It's ridiculous," says L. Scott Harshbarger, the former attorney general of Massachusetts and onetime president of Common Cause. "How in the world is it appropriate, necessary, or consistent with any reasonable public policy that if you chose not to run for office or are defeated in running for office that you get an enhanced pension?"

Indeed, the Massachusetts law that allows legislators to increase their pension if they lose an election - and to begin collecting on it on the day they leave office - isn't just inappropriate. It's enraging. And it should be repealed.

The law was created to compensate civil servants who lost jobs due to a change in administration. The Legislature expanded it to provide the same benefits to lawmakers.

A Globe review showed that 14 former legislators are currently drawing significantly increased pensions under the law from as far back as 1989, including several who left amid ethical and criminal troubles. Others stand ready to cash in. J. James Marzilli Jr., charged with attempting to grope a woman, also asked the state to nearly double his pension after he quit the state Senate.

In the past, lawmakers showed little appetite for repealing this provision. However, state Representative Jay Kaufman of Lexington, chairman of a special House committee on pension reform that was created last week by House Speaker Salvatore F. DiMasi, is filing a bill to do that, along with other changes.

Given the series of scandals that have rocked Beacon Hill and undercut their collective credibility, lawmakers should seize the moment and get behind Kaufman's proposal. It is time to stop capitalizing on the ridiculous and repeal these special benefits.


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